No notice from President on execution

• Commissioner General of Prisons tells court not notified from President on date, time or place for carrying out death penalty 
• Says no urgent status to execute any prisoner in custody   
• CA’s order on preliminary objection to be given on 17 July

The Commissioner General of Prisons yesterday told the Court of Appeal he has received no communication from the President regarding the implementation of the death penalty.

Commissioner General of Prisons T.M.W. Tennakoon appearing before the Court of Appeal said he had not received any notice from the President on the date, time and place for any prisoner to be executed. 

The Commissioner General of Prisons further stated that at present there is no urgent status to execute any prisoner in his custody.

Tennakoon was appearing as part of the hearings on the petition filed by journalist Malinda Seneviratne demanding an injunction order on capital punishment for the third day. 

The Court of Appeal reserved the delivery of order for 17 July on the preliminary objection on the maintainability as well as Interim Relief and notice in respect of the Writ Petition challenging the implementation of the execution of condemned prisoners.

The Commissioner General of Prison undertook that no prisoner would be executed until the delivery of the order of the court on 17 July.

The Bench comprised Justices Yasantha Kodagoda (President/CA), Deepali Wijesundera, Janak De Silva, Achala Wengappuli and Arjuna Obeysekere.

The Attorney General had raised preliminary objection on the maintainability of the petition as well as the jurisdiction of the Court of Appeal.

Deputy Solicitor General Nerin Pulle appearing for the AG in his preliminary objection contented that the President was not a party in the petition and the necessary party was kept out.

He pleaded Court that this application should be dismissed in limine.

Counsel Niran Anketell appearing for the petitioner responded that it was not against the President but against the Superintendent of Prison, Commissioner General of Prison and the executioner.

He had submitted this case was based on Provisions of Criminal Procedure and the Prisons Ordinance. He pointed out Form 7, which is the warrant for committal of prisoner to keep him under safe custody until the sentence is carried out.

He had also submitted there is no power or power conferred on any officer of the State to execute the prisoner and that the warrant on so convicted prisoner only authorises detention custody and it does not authorise the killing of a prisoner until Parliament confers the duty and power on any officer who shall execute the prisoner. 

Petitioner Malinda Seneviratne, a senior journalist, cited the Commissioner General of Prisons, Welikada Prisons Superintendent, Welikada Prison Executioner and the Attorney General as respondents.

Counsel Niran Anketel with Hafeel Farisz instructed by Vidanapathirana Associates appeared for the Petitioner. Deputy Solicitor General Nerin Pulle appeared for the Commissioner General of Prisons and the Attorney General. 

(SSS)